What is consanguineous marriage in Vietnam? What is the penalty for consanguineous marriage in Vietnam?

What is consanguineous marriage in Vietnam?

According to Article 3 of the Law on Marriage and Family 2014, the following terms are defined as follows:

Interpretation of terms

In this Law, the terms below are construed as follows:

1. Marriage means the relation between husband and wife after they get married.

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17. People of the same direct blood line are those in the consanguineous relationship in which a person gives birth to another in a successive order.

18. Relatives within three generations are people born of the same stock with parents constituting the first generation; full siblings, paternal half-siblings and maternal half-siblings constituting the second generation; and children of paternal aunts, maternal aunts, paternal uncles, maternal uncles constituting the third generation.

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Therefore, consanguineous marriage is understood as marriage or cohabitation between a man and a woman within the same close relatives for no more than three generations.

What is consanguineous marriage in Vietnam? What is the penalty for consanguineous marriage in Vietnam? (Image from the Internet)

Is consanguineous marriage prohibited in Vietnam?

Clasue 2, Article 5 of the Law on Marriage and Family 2014 prohibits the following acts to protect the marriage and family regime:

Protection of the marriage and family regime

1. Marriage and family relations established and implemented in accordance with this Law shall be respected and protected by law.

2. The following acts are prohibited:

a/ Sham marriage or sham divorce;

b/ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;

c/ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;

d/ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;

dd/ Demanding property in marriage;

e/ Forcing a person into divorce; deceiving a person into divorce; obstructing divorce;

g/ Giving birth with assisted reproductive technology for commercial purpose, commercial gestational surrogacy, prenatal sex selection, cloning;

h/ Domestic violence;

i/ Taking advantage of marriage and family rights for human trafficking, labor exploitation or sexual abuse or committing another act for self-seeking purposes.

3. All acts of violating the marriage and family law shall be handled strictly in accordance with law.

Agencies, organizations and individuals have the right to request a court or another competent agency to take measures to promptly stop and handle violators of the marriage and family law.

4. The honor, dignity, prestige, privacy and other privacy rights of parties shall be respected and protected in the course of settlement of marriage and family-related cases and matters.

Therefore, consanguineous marriage poses many risks to the health of children and the development of the lineage. Therefore, consanguineous marriage is illegal and prohibited.

What is the penalty for consanguineous marriage in Vietnam?

Clasue 2, Article 59 of Decree 82/2020/ND-CP stipulates the violation of regulations on marriage, divorce, and violation of the monogamous marriage regime as follows:

Violation of regulations on marriage, divorce, and violation of the monogamous marriage regime

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2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:

a) Marriage or cohabitation as husband and wife between people of the same bloodline or between people with the same surname within three generations;

b) Marriage or cohabitation as husband and wife between foster parents and foster children;

c) Forced marriage or deceptive marriage; forced divorce or deceptive divorce;

d) Exploiting marriage for emigration, immigration, residence, naturalization in Vietnam, foreign nationality; enjoying preferential regimes of the State or for other purposes not aimed at building a family;

e) Exploiting divorce to evade property obligations, violate population policies, or for other purposes not aimed at terminating the marriage.

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According to Article 4 of Decree 82/2020/ND-CP, the fine levels are as follows:

Regulations on fine levels, authority to impose fines on individuals, organizations

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4. The fine levels stipulated in Chapters II, III, IV, V, VI, and VII of this Decree shall apply to administrative violations committed by individuals, except for the provisions in Clause 5 of this Article. In case an organization commits administrative violations similar to those of an individual, the fine level shall be twice the fine level imposed on individuals.

5. The fine levels stipulated in Articles 7, 8, 9, 16, 17, 24, 26, 29, 33, 39, 50, 53, 63, 71, 72, 73, 74, and 80 of this Decree are the fine levels for administrative violations committed by organizations.

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Therefore, the penalty for consanguineous marriage by individuals is from VND 10,000,000 to VND 20,000,000.

Best Regards!